Partition Suit--Properties in Different Jurisdictions--Presence of One Item Confers Jurisdiction Under Section 17 CPC
Section 16 of the Code of Civil Procedure requires a suit for partition to be filed where the property sought to be partitioned is situated. Where immovable properties are situated within the jurisdiction of different courts, Section 17 CPC permits the suit to be instituted in any court within whose jurisdiction any portion of the property is located. The existence of even one item, or a portion of any item, of the properties within the territorial limits is sufficient to confer jurisdiction on that court. An objection to territorial jurisdiction not raised before the Trial Court at the earliest opportunity cannot be raised later.
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